By S&S Co. Advocates & Solicitors · Published 9 September 2026 · Informational content, not legal advice: see our disclaimer
Receiving Notice of the Complaint
A respondent against whom a complaint has been filed is entitled to be given a copy of the complaint and is afforded an opportunity to file a written reply within ten working days of receiving it. The respondent is entitled to know, at this stage, the substance of what is alleged, so that a meaningful reply can be prepared.
The Right to Be Heard
Through the course of the inquiry, the respondent is entitled to be heard, to adduce evidence, and to produce and examine witnesses, on the same footing as the complainant. The Internal Committee is required to follow principles of natural justice, meaning the respondent should be given a fair opportunity to respond to the material relied upon by the complainant before any adverse finding is recorded.
No Legal Representation During the Inquiry
Neither party, including the respondent, is entitled to be represented by a lawyer during the Internal Committee's proceedings. A respondent may still take legal advice outside the hearings in preparing a reply or deciding how to present evidence, but cannot have a lawyer appear and argue on their behalf before the Committee itself.
Interim Measures That May Affect the Respondent
At the complainant's written request, the Committee may recommend interim measures during the pendency of the inquiry, including transferring either the complainant or the respondent, or restraining the respondent from writing or contributing to the complainant's performance appraisal during that period. These measures are interim and protective in nature; they are not themselves a finding against the respondent and do not amount to a punishment, since the question of fault is decided only at the conclusion of the inquiry.
Confidentiality Protects the Respondent Too
The confidentiality obligation under Section 16 of the POSH Act, which bars publication or disclosure of details of the complaint, the identities of the parties, and the proceedings, protects the respondent as much as the complainant. A respondent who is later cleared of the allegations is entitled to the same confidentiality protection throughout the inquiry as a complainant whose allegations are upheld, and a breach of that confidentiality can attract consequences regardless of which party's information was disclosed.
If the Allegations Are Not Proved
Where the Committee finds the allegations against the respondent are not established, it records that no action is required against the respondent. The Act also contemplates that where the Committee arrives at a finding that the complaint was false or malicious, or that the complainant knowingly produced forged or misleading evidence, it may, on that specific finding being recorded, recommend action against the complainant, though the mere fact that a complaint was not ultimately proved is not by itself treated as evidence of malice, and the Committee is expected to record a distinct, reasoned finding before recommending any such action.
If Action Is Recommended
Where the Committee's findings go against the respondent and the employer acts on the recommendation, the respondent, like the complainant, has the right to prefer an appeal within ninety days before the forum prescribed under the applicable service rules or, where none applies, as prescribed under the Act.
Frequently Asked Questions
Can a respondent bring a lawyer to an Internal Committee hearing?
No. Neither party may be represented by a legal practitioner during the Committee's proceedings, though either may take legal advice outside the hearings.
Does an interim transfer during the inquiry mean the respondent has been found guilty?
No. Interim measures under Section 12 are protective and procedural, available at the complainant's request during the pendency of the inquiry, and do not constitute a finding of fault, which is made only at the conclusion of the inquiry.
Is a respondent who is cleared of the allegations entitled to confidentiality?
Yes. The confidentiality obligation under Section 16 applies regardless of outcome and protects the respondent's identity and the details of the proceedings in the same way it protects the complainant's.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, as amended.